8
Concerns regarding Australia’s treatment of stateless persons were raised as follows:
8.1
8.2
9
Australia accepted the following recommendations related to Statelessness and the Right to
Nationality:18
9.1
9.2
9.3
9.4
10
The Committee against Torture (CAT) noted concern that ‘stateless persons
whose asylum claims had not been accepted and refugees with an adverse
security or character assessment could be detained indefinitely’.15
The United Nations High Commissioner for Refugees (UNHCR) raised concerns
regarding the transfer of asylum seekers, including children who might be
stateless to third countries, or back to their country of origin,16 and
recommended that Australia immediately cease this practice.17
France: ‘Ensure that an Australian cannot be deprived of citizenship other than in
exceptional circumstances and within the framework of a specific legal
procedure’;19
Poland: ‘Eliminate the disparities in access to services by ATSI children and their
families, especially by reviewing the Australian birth registration process in order
to ensure that all children are registered at birth’; 20
Timor-Leste: ‘Continue strengthening the efforts in promoting and protecting
non-racial discriminatory policy and specifically also ensure that Aboriginal
children have access to birth registration’21; and
Turkey: ‘Further strengthen efforts towards birth registration for all, with a view
to encouraging access to relevant procedures’. 22
One further recommendation by Kenya was only noted by Australia:23
10.1
Kenya: ‘Review the current regional offshore processing arrangement, and policy
of mandatory detention of refugees, stateless persons and migrants, and uphold
all human rights obligations towards refugees, stateless persons and migrants,
including the principle of non-refoulment’.24
15
UN Human Rights Council, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance
with paragraph 15(b) of the annex to Human Rights Council Resolution 16/21: Australia, UN Doc A/HRC/WG.6/23/AUS/2 (31 August 2015)
para 69 <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/195/70/PDF/G1519570.pdf?OpenElement>.
16
UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees For the Office of the
High Commissioner for Human Rights' Compilation Report Universal Periodic Review: Australia (March 2015) 6-7
<https://www.refworld.org/docid/563863454.html> .
17 UN Human Rights Council, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance
with paragraph 15(b) of the annex to Human Rights Council Resolution 16/21: Australia, UN Doc A/HRC/WG.6/23/AUS/2 (31 August 2015)
para 69 <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/195/70/PDF/G1519570.pdf?OpenElement>.
18 UPR Info, ‘UPR Recommendations Received by Australia’ Database of Recommendations (Web Page) <https://www.uprinfo.org/database/index.php?limit=0&f_SUR=9&f_SMR=All&order=&orderDir=ASC&orderP=true&f_Issue=All&searchReco=&resultMax=3
00&response=&action_type=&session=&SuRRgrp=&SuROrg=&SMRRgrp=&SMROrg=&pledges=RecoOnly>.
19
Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia, UN Doc A/HRC/31/14 (13 January 2016)
25 [136.228] <https://undocs.org/A/HRC/31/14>.
20 Ibid 18 [136.101].
21 Ibid 18 [136.102].
22
Ibid 22 [136.171].
23 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia - Addendum, UN Doc
A/HRC/31/14/Add.1 (29 February 2016) para 62 <https://documents-ddsny.un.org/doc/UNDOC/GEN/G16/039/53/PDF/G1603953.pdf?OpenElement>.
24 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia (n 19) 28 [136.277].
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